Amendment SSA1-SB21

SB21-SSA1,3707 Section 3707. 230.15 (1m) (b) (intro.) of the statutes is amended to read:

SB21-SSA1,1192,9 230.15 (1m) (b) (intro.) Whenever a position is included in the classified service under par. (a), the director administrator shall determine all of the following:

SB21-SSA1,3708 Section 3708. 230.15 (1m) (c) of the statutes is amended to read:

SB21-SSA1,1192,14 230.15 (1m) (c) 1. Whenever a position is included in the classified service under par. (a), the administrator director may waive the requirement for competitive examination under sub. (1) with respect to the position and certify the incumbent employee for appointment to the position in accordance with subd. 2.

SB21-SSA1,1192,18 2. The administrator director may certify an incumbent employee as eligible for appointment under subd. 1. if the administrator director determines on the basis of sound personnel management practices that the incumbent is qualified for the position included in the classified service.

SB21-SSA1,1192,23 3. If an employee is appointed after being certified under subd. 2., the administrator director shall determine the employee's probationary status under s. 230.28, except that the employee shall receive credit toward his or her probationary period for the time that the employee had been employed in the position immediately prior to appointment.

SB21-SSA1,3709 Section 3709. 230.15 (2) of the statutes is amended to read:

SB21-SSA1,1193,7 230.15 (2) If a vacancy occurs in a position in the classified service when peculiar and exceptional qualifications of a scientific, professional, or educational character are required, and if presented with satisfactory evidence that for specified reasons competition in such special cases is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in such qualities, the administrator director may waive competition requirements unless the vacancy is to be filled by promotion.

SB21-SSA1,3710 Section 3710. 230.15 (2m) of the statutes is amended to read:

SB21-SSA1,1193,12 230.15 (2m) If a vacancy occurs in a position in the classified service and the administrator director is notified by an appointing authority that the position is to be filled by a disabled veteran under s. 230.275, the administrator director shall waive all competition requirements for filling the position.

SB21-SSA1,3710m Section 3710m. 230.15 (4) of the statutes is created to read:

SB21-SSA1,1193,21 230.15 (4) The director and the Board of Regents of the University of Wisconsin System and the chancellor of the University of Wisconsin-Madison shall enter into a memorandum of understanding to permit employees of the University of Wisconsin System who are appointed to positions in agencies to receive credit for their years of service with the University of Wisconsin System for purposes of transferring continuous service benefits, including accumulated sick leave. The director shall promulgate rules necessary to implement the provisions of the memorandum of understanding.

SB21-SSA1,3711 Section 3711. 230.16 (1) (a) of the statutes is amended to read:

SB21-SSA1,1194,2 230.16 (1) (a) The administrator director shall require persons applying for admission to any examination under this subchapter or under the rules of the administrator director to file an application with the division bureau a reasonable time prior to the proposed examination.

SB21-SSA1,3712 Section 3712. 230.16 (1) (am) of the statutes is amended to read:

SB21-SSA1,1194,7 230.16 (1) (am) The administrator director may require in connection with the application such supplementary work history, educational transcripts, statements of physicians or others having knowledge of the applicant, as needed for qualification evaluations.

SB21-SSA1,3713 Section 3713. 230.16 (1) (b) of the statutes is amended to read:

SB21-SSA1,1194,10 230.16 (1) (b) The division bureau shall furnish application forms without charge to all persons requesting them.

SB21-SSA1,3714 Section 3714. 230.16 (2) of the statutes is amended to read:

SB21-SSA1,1194,17 230.16 (2) Competitive examinations shall be free and open to all applicants who have fulfilled the preliminary requirements stated in the examination announcement. To assure that all applicants have a fair opportunity to compete, examinations shall be held at such times and places as, in the judgment of the administrator director, most nearly meet the convenience of applicants and needs of the service.

SB21-SSA1,3715 Section 3715. 230.16 (3) of the statutes is amended to read:

SB21-SSA1,1194,24 230.16 (3) The administrator director may appoint boards of examiners of at least 2 persons for the purpose of conducting oral examinations as a part of the examination procedure for certain positions. All board members shall be well-qualified and impartial. All questions asked and answers made in any examination of applicants shall be recorded and made a part of the records of the applicants.

SB21-SSA1,3716 Section 3716. 230.16 (5) of the statutes is amended to read:

SB21-SSA1,1195,8 230.16 (5) In the interest of sound personnel management, consideration of applicants and service to agencies, the administrator director may set a standard for proceeding to subsequent steps in an examination, provided that all applicants are fairly treated and due notice has been given. The standard may be at or above the passing point set by the administrator director for any portion of the examination. The administrator director shall utilize appropriate scientific techniques and procedures in administering the selection process, in rating the results of examinations and in determining the relative ratings of the competitors.

SB21-SSA1,3717 Section 3717. 230.16 (6) of the statutes is amended to read:

SB21-SSA1,1195,13 230.16 (6) If any applicant is unable to complete the examination in the form presented to the applicant due to a disability, the division bureau shall provide a reader, an appropriate place to take the examination or other similar prerequisites to ensure equality of opportunity in the examination.

SB21-SSA1,3718 Section 3718. 230.16 (7m) (b) (intro.) of the statutes is amended to read:

SB21-SSA1,1195,16 230.16 (7m) (b) (intro.) The office division shall accept an application after its due date from a veteran if all of the following apply:

SB21-SSA1,3719 Section 3719. 230.16 (7m) (c) of the statutes is amended to read:

SB21-SSA1,1195,19 230.16 (7m) (c) Within 30 days after acceptance of an application under par. (b), the office division shall give the applicant an examination.

SB21-SSA1,3720 Section 3720. 230.16 (9) of the statutes is amended to read:

SB21-SSA1,1195,23 230.16 (9) The officials in control of state, municipal and county buildings, upon requisition by the administrator director, shall furnish without charge adequate rooms and building services for the administration of examinations.

SB21-SSA1,3721 Section 3721. 230.16 (11) of the statutes is amended to read:

SB21-SSA1,1196,4 230.16 (11) Records of examinations, including a transcript or recorded tape of oral examinations, given under this subchapter shall be retained for at least one year. Inspection of such records shall be regulated by rules of the administrator director.

SB21-SSA1,3722 Section 3722. 230.17 of the statutes is amended to read:

SB21-SSA1,1196,12 230.17 Applicants and eligibles may be barred; bonds may be required. (1) The administrator director shall provide by rule, the conditions, not otherwise provided by law, under which an applicant may be refused examination or reexamination, or an eligible refused certification. These conditions shall be based on sufficient reason and shall reflect sound technical personnel management practices and those standards of conduct, deportment and character necessary and demanded to the orderly, efficient and just operation of the state service.

SB21-SSA1,1197,2 (2) If the administrator director refuses to examine an applicant, or after an examination to certify an eligible, as provided in this section, the administrator director, if requested by the applicant so rejected within 10 days of the date of receipt of the notice of rejection, shall give the applicant a full and explicit statement of the exact cause of such refusal to examine or to certify. Applicants may appeal to the commission the decision of the administrator director to refuse to examine or certify under s. 230.44 (1) (a). Upon request of an applicant or an eligible for a civil service position who has a disability, the department of health services shall obtain from the administrator director a detailed description of all duties entailed by such position and shall determine and report its findings to the administrator director, as to the ability of the applicant, or eligible, to perform the duties of such position. Such findings shall be conclusive as to the qualifications of any applicant, or eligible, so examined. A notice of rejection shall notify an applicant or eligible of his or her rights under this subsection.

SB21-SSA1,1197,9 (3) When any position to be filled involves fiduciary responsibility, the appointing authority shall conduct a criminal history background check before offering employment to an applicant for the position. If otherwise permitted by law, the appointing authority may require the appointee to furnish bond or other security, and shall notify the administrator director of the amount and other details thereof. Any surety company authorized to do business in this state shall be a sufficient security on any such bond.

SB21-SSA1,3723 Section 3723. 230.18 of the statutes is amended to read:

SB21-SSA1,1197,21 230.18 Discrimination prohibited. No question in any form of application or in any examination may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall be discountenanced except that the administrator director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, examination or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin or ancestry except as otherwise provided.

SB21-SSA1,3724 Section 3724. 230.19 (1) of the statutes is amended to read:

SB21-SSA1,1198,2 230.19 (1) The administrator director shall provide employees with reasonable opportunities for career advancement, within a classified service structure designed to achieve and maintain a highly competent work force, with due consideration given to affirmative action.

SB21-SSA1,3725 Section 3725. 230.19 (2) of the statutes is amended to read:

SB21-SSA1,1198,14 230.19 (2) If, in the judgment of the administrator director, the group of applicants best able to meet the requirements for vacancies in positions in the classified service are available within the classified service, the vacancies shall be filled by competition limited to persons in the classified service who are not employed under s. 230.26 or 230.27 and persons with the right of restoration resulting from layoff under s. 230.34 (2), unless it is necessary to go outside the classified service to be consistent with an approved affirmative action plan or program. The administrator director may also limit competition for promotion to the employees of an agency or an employing unit within an agency if the resulting group of applicants would fairly represent the proportion of members of racial and ethnic, gender or disabled groups in the relevant labor pool for the state.

SB21-SSA1,3726 Section 3726. 230.21 (1) of the statutes is amended to read:

SB21-SSA1,1198,18 230.21 (1) Subject to s. 230.275, the administrator director may, to meet the needs of the service, establish separate recruitment, examination and certification procedures for filling positions in unskilled labor and service classes.

SB21-SSA1,3727 Section 3727. 230.21 (1m) (a) (intro.) of the statutes is amended to read:

SB21-SSA1,1198,23 230.21 (1m) (a) (intro.) If the administrator director uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position, the administrator director shall do all of the following:

SB21-SSA1,3728 Section 3728. 230.21 (1m) (b) of the statutes is amended to read:

SB21-SSA1,1199,9 230.21 (1m) (b) If the administrator director uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position and the appointing authority does not select a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the office division and annually submit a report to the office division summarizing the reasons contained in the written records.

SB21-SSA1,3729 Section 3729. 230.21 (2) of the statutes is amended to read:

SB21-SSA1,1199,15 230.21 (2) The administrator director may designate classifications in which applicants are in critically short supply and may develop such recruitment, examination and certification processes as will provide agencies with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.

SB21-SSA1,3730 Section 3730. 230.21 (3) of the statutes is amended to read:

SB21-SSA1,1199,22 230.21 (3) The administrator director shall designate classifications in prison industries in the department of corrections as critical positions requiring expeditious hiring and shall develop such recruitment, examination and certification processes as will provide the department with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.

SB21-SSA1,3731 Section 3731. 230.213 of the statutes is amended to read:

SB21-SSA1,1200,8 230.213 Affirmative action procedures for corrections positions. The administrator director may, to meet affirmative action objectives, establish such recruitment, examination and certification procedures for positions in the department of corrections as will enable the department of corrections to increase the number of employees of a specified gender or a specified racial or ethnic group in those positions. The administrator director shall design the procedures to obtain a work force in the department of corrections that reflects the relevant labor pool. The administrator director may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.

SB21-SSA1,3732 Section 3732. 230.215 (3) (a) of the statutes is amended to read:

SB21-SSA1,1200,18 230.215 (3) (a) An agency may, with the approval of the director administrator and with the approval of the secretary of administration under s. 16.50, restructure budgeted permanent positions as such positions become vacant or if an employee voluntarily requests a job-sharing or permanent part-time employment opportunity. No employee occupying a full-time permanent position may be involuntarily terminated, demoted, transferred or reassigned in order to restructure that position for permanent part-time employment and no such employee may be required to accept a permanent part-time position as a condition of continued employment.

SB21-SSA1,3733 Section 3733. 230.215 (3) (b) of the statutes is amended to read:

SB21-SSA1,1200,24 230.215 (3) (b) If the director administrator, upon review of the report submitted under sub. (4), determines that an agency's past or proposed actions relating to permanent part-time employment opportunities do not adequately reflect the policy under sub. (1) (e), the director administrator may recommend procedures designed to enable the agency to effect such policy.

SB21-SSA1,3734 Section 3734. 230.215 (4) of the statutes is amended to read:

SB21-SSA1,1201,4 230.215 (4) Reports. Each agency, in complying with s. 15.04 (1) (d), shall include a report on the progress or failure of the plans of such agency in achieving the policies stated under sub. (1) and shall submit a copy of such report to the director administrator.

SB21-SSA1,3735 Section 3735. 230.22 of the statutes is amended to read:

SB21-SSA1,1201,8 230.22 Entry professional selection. (1) The director administrator may establish by rule an entry professional class program for use in a wide range of entry professional positions.

SB21-SSA1,1201,12 (2) In connection with this program the director administrator may establish separate classifications and corresponding pay provisions to provide agencies an entry professional program, through which they can compete on campuses and in the labor market for the best available applicants.

SB21-SSA1,1201,17 (3) Subject to s. 230.275, the administrator director may establish separate recruitment, evaluation and certification procedures for certain entry professional positions. Vacancies in entry professional positions may be limited to persons with a degree from an institution of higher education, as defined in s. 108.02 (18), or a degree under an associate degree program, as defined in s. 38.01 (1).

SB21-SSA1,1201,21 (4) The administrator director may provide for cooperative programs leading to eligibility for permanent appointment in order to enable institutions of higher education and agencies to attract and train the highest caliber of undergraduate or graduate students for government employment.

SB21-SSA1,3736 Section 3736. 230.24 (1) of the statutes is amended to read:

SB21-SSA1,1202,10 230.24 (1) The director administrator may by rule develop a career executive program that emphasizes excellence in administrative skills in order to provide agencies with a pool of highly qualified executive candidates, to provide outstanding administrative employees a broad opportunity for career advancement and to provide for the mobility of such employees among the agencies and units of state government for the most advantageous use of their managerial and administrative skills. To accomplish the purpose of this program, the administrator director may provide policies and standards for recruitment, examination, probation, employment register control, certification, transfer, promotion and reemployment, and the director may provide policies and standards for classification and salary administration, separate from procedures established for other employment. The director administrator shall determine the positions which may be filled from career executive employment registers.

SB21-SSA1,3737 Section 3737. 230.24 (1m) of the statutes is amended to read:

SB21-SSA1,1202,15 230.24 (1m) The policy established by the administrator director under sub. (1) that deals with probation shall provide the option of extending the probationary period for individuals with disabilities, as defined in s. 111.32 (8), who are employees in a manner consistent with s. 230.28 (1) (bm).

SB21-SSA1,3738 Section 3738. 230.25 (1) of the statutes is amended to read:

SB21-SSA1,1203,3 230.25 (1) Appointing authorities shall give written notice to the administrator director of any vacancy to be filled in any position in the classified service. The administrator director shall certify, under this subchapter and the rules of the administrator director, from the register of eligibles appropriate for the kind and type of employment, the grade and class in which the position is classified, any number of names at the head thereof. In determining the number of names to certify, the administrator director shall use statistical methods and personnel management principles that are designed to maximize the number of certified names that are appropriate for filling the specific position vacancy. Up to 2 persons considered for appointment 3 times and not selected may be removed from the register for each 3 appointments made. Certification under this subsection shall be made before granting any preference under s. 230.16 (7).

SB21-SSA1,3739 Section 3739. 230.25 (1g) of the statutes is amended to read:

SB21-SSA1,1203,8 230.25 (1g) For every position to be filled by promotion from a promotional register, the administrator director shall, after certifying names under sub. (1), additionally certify the name of the highest ranked disabled veteran whose disability is at least 70%.

SB21-SSA1,3740 Section 3740. 230.25 (1n) (a) (intro.) of the statutes is amended to read:

SB21-SSA1,1203,12 230.25 (1n) (a) (intro.) After certifying names under subs. (1), (1g) and (1m), the administrator director may engage in expanded certification by doing one or more of the following:

SB21-SSA1,3741 Section 3741. 230.25 (1n) (b) of the statutes is amended to read:

SB21-SSA1,1203,18 230.25 (1n) (b) The administrator director may certify names under par. (a) 1. or 2. only if an agency requests expanded certification in order to comply with an approved affirmative action plan or program. The administrator director may certify names under par. (a) 3. only if an agency requests expanded certification in order to hire persons with a disability.

SB21-SSA1,3742 Section 3742. 230.25 (1p) of the statutes is amended to read:

SB21-SSA1,1204,3 230.25 (1p) If an appointing authority appoints a person certified under this section and the person is not a veteran, the spouse of a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the office division and annually submit a report to the office division summarizing the reasons contained in the written records. The office division shall annually prepare a report summarizing, for each agency, the reasons contained in the records prepared by appointing authorities under this subsection.

SB21-SSA1,3743 Section 3743. 230.25 (2) of the statutes is amended to read:

SB21-SSA1,1204,10 230.25 (2) (a) When certifying names to appointing authorities under this section, the administrator director shall specify whether the certification includes qualifying veterans or persons the hiring of whom would serve affirmative action purposes, without divulging the names of those individuals. The administrator director shall not disclose any applicant's test score, with or without the addition of veterans preference points under s. 230.16 (7), to the appointing authority.

SB21-SSA1,1204,20 (b) Unless otherwise provided in this subchapter or the rules of the administrator director, appointments shall be made by appointing authorities to all positions in the classified service from among those certified to them in accordance with this section. Appointments shall be made within 60 days after the date of certification unless an exception is made by the administrator director. If an appointing authority does not make an appointment within 60 days after certification, he or she shall immediately report in writing to the administrator director the reasons therefor. If the administrator director determines that the failure to make an appointment is not justified under the merit system, the administrator director shall issue an order directing that an appointment be made.

SB21-SSA1,3744 Section 3744. 230.25 (3) (b) of the statutes is amended to read:

SB21-SSA1,1204,25 230.25 (3) (b) The administrator director may allow a register to expire after 3 months, but only after considering the impact of such an action on the policy of this state to provide for equal employment opportunity and to take affirmative action, as specified in s. 230.01 (2).

SB21-SSA1,3745 Section 3745. 230.25 (4) of the statutes is amended to read:

SB21-SSA1,1205,5 230.25 (4) (a) The administrator director may establish a new and separate register for a specific position or class only when in the administrator's director's judgment there is no appropriate existing register from which appointments may be made.

SB21-SSA1,1205,8 (b) The administrator director may establish separate registers for various geographic areas of the state if the needs of the service so require, provided proper publicity has been given of the intent to establish such registers.